Exhibit 10.2 NewPage - Executed ABL Agreement
Exhibit 10.2 NewPage - Executed ABL Agreement
Exhibit 10.2 NewPage - Executed ABL Agreement
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which investments shall be made at the option and sole discretion of the Administrative Agent<br />
and at the Borrower’s risk and expense, such deposits shall not bear interest. Interest or profits,<br />
if any, on such investments shall accumulate in the LC Collateral Account. Moneys in the LC<br />
Collateral Account shall be applied by the Administrative Agent to reimburse the Issuing Bank<br />
for LC Disbursements for which it has not been reimbursed and, to the extent not so applied,<br />
shall be held for the satisfaction of the reimbursement obligations of the Borrower for the LC<br />
Exposure at such time or, if the maturity of the Loans has been accelerated (but subject to the<br />
consent of the Required Lenders), be applied to satisfy other Secured Obligations. If the<br />
Borrower is required to provide an amount of cash collateral hereunder as a result of the<br />
occurrence of an Event of Default, such amount (to the extent not applied as aforesaid) shall be<br />
returned to the Borrower within three Business Days after all such Events of Default have been<br />
cured or waived as confirmed in writing by the Administrative Agent.<br />
SECTION 2.07 Funding of Borrowings. (a) Each Lender shall make each Loan to<br />
be made by such Lender hereunder on the proposed date thereof by wire transfer of immediately<br />
available funds by 2:00 p.m., New York City time, to the account of the Administrative Agent<br />
most recently designated by it for such purpose by notice to the Lenders in an amount equal to<br />
such Lender’s Applicable Percentage; provided that, Swingline Loans shall be made as provided<br />
in Section 2.05. The Administrative Agent will make such Loans available to the Borrower by<br />
promptly crediting the amounts so received, in like funds, to the Funding Account; provided that<br />
ABR Revolving Loans made to finance the reimbursement of (i) an LC Disbursement as<br />
provided in Section 2.06(e) shall be remitted by the Administrative Agent to the Issuing Bank<br />
and (ii) a Protective Advance shall be retained by the Administrative Agent.<br />
(b) Unless the Administrative Agent shall have received notice from a Lender prior to<br />
the proposed date of any Borrowing that such Lender will not make available to the<br />
Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may<br />
assume that such Lender has made such share available on such date in accordance with<br />
paragraph (a) of this Section and may, in reliance upon such assumption, make available to the<br />
Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of<br />
the applicable Borrowing available to the Administrative Agent, then the applicable Lender and<br />
the Borrower severally agree to pay to the Administrative Agent forthwith on demand such<br />
corresponding amount with interest thereon, for each day from and including the date such<br />
amount is made available to the Borrower to but excluding the date of payment to the<br />
Administrative Agent, at (i) in the case of such Lender, the greater of the Federal Funds Effective<br />
Rate and a rate determined by the Administrative Agent in accordance with banking industry<br />
rules on interbank compensation or (ii) in the case of the Borrower, the interest rate applicable to<br />
ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount<br />
shall constitute such Lender’s Loan included in such Borrowing.<br />
SECTION 2.08 Interest Elections. (a) Each Revolving Borrowing initially shall be<br />
of the Type specified in the applicable Borrowing Request and, in the case of a Eurodollar<br />
Revolving Borrowing, shall have an initial Interest Period as specified in such Borrowing<br />
Request. Thereafter, the Borrower may elect to convert such Borrowing to a different Type or to<br />
continue such Borrowing and, in the case of a Eurodollar Revolving Borrowing, may elect<br />
Interest Periods therefor, all as provided in this Section. The Borrower may elect different<br />
options with respect to different portions of the affected Borrowing, in which case each such<br />
CH\1416587.18<br />
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